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Jurisdiction.

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341. Domestic corporation, etc., when deemed resident, etc.
342. Action, etc., wherein county judge is incapable to act.

343. Supreme court may remove action, and change place of trial.
344. Effect of order of removal; appeal, etc.

345. Stay of proceedings.

346. Removal of action not to impair process, etc.

347. County court may send its process to any county.

348. When jurisdiction, etc., co-extensive with supreme court.

349. Power of county judge in special proceedings.

350. Fines and penalties; how remitted.

351. Restrictions upon power to remit.

352. Notice of application, etc.; cost to be paid on remission.
353. Fines imposed by justices of the peace; how remitted.

354. Who may make orders.

355. County court when open; terms thereof.

356. Notice of appointment to be published.

357. Jurors, how drawn and summoned.

358. Stenographers for county courts.

359. Stenographer for county court and sessions, in Kings county.

360. Interpreter for county court, etc., in Kings county.

361. Stenographer for county courts of Monroe and Livingston counties.

§ 340. [Amended, 1877.] The jurisdiction of each county court extends to the following actions and special proceedings, in addition to the jurisdiction, power, and authority, conferred upon a county court, in a particular case, by special statutory provision:

1. To an action for the partition of real property; for dower; for the foreclosure, redemption, or satisfaction of a mortgage upon real property; or to procure a judgment requiring the specific performance of a contract, relating to real property; where the real property, to which the action relates, is situated within the county; or to foreclose a lien upon a chattel, in a case specified in section seventeen hundred and thirty-seven of this act, where the lien does not exceed one thousand dollars in amount, and the chattel is found within the county.

2. To an action in favor of the executor, administrator or assignee of a judgment creditor, or, in a proper case, in favor of the judgment creditor, to recover a judgment for money remaining due upon a judgment rendered in the same court.

3. To an action for any other cause, where the defendant is, or, if there are two or more defendants, where all of them are, at the time of the commencement of the action, residents of the county, and wherein the complaint demands judgment for a sum of money only,

not exceeding one thousand dollars; or to recover one or more chattels, the aggregate value of which does not exceed one thousand dollars, with or without damages for the taking or detention thereof.

4. To the custody of the person and the care of the property, concurrently with the supreme court, of a resident of the county, who is incompetent to manage his affairs, by reason of lunacy, idiocy, or habitual drunkenness; and to every special proceeding, which the supreme court has jurisdiction to entertain, for the appointment of a committee of the person or of the property, of such an incompetent person, or for the sale or other disposition of the real property, situated within the county, of a person, wherever resident, who is so incompetent for either of the causes aforesaid, or who is an infant or for the sale or other disposition of the real property, situated within the county, of a domestic religious corporation.

From Code Pro., § 30, with amendments. See 1 Wait's Pr. 381 to 391; Wait's Code, 50 to 53.

A county court, in exercising the authority conferred upon it to order the sale of an infant's real estate within the county, has the same general powers as the old court of chancery; and the statutory provisions in reference to such sales (see 2 R. S. 202, 203, 88 170-179), as well as the general rules of equity jurisprudence, are applicable. Brown v. Snell, 57 N. Y. (12 Sick.) 286.

;

The county court has jurisdiction of an action to foreclose a mortgage, which contains, in addition to the premises described and situated in its own county, lands described and situated in another county. Strong v. Eighme, 41 How. 123.

See, as to the jurisdiction of a county court, with respect to the care and custody of the person and estate of a lunatic or person of unsound mind, Parsee Merchant's Case, 3 Daly, 529; S. C., 11 Abb. N. S. 209.

corpora

when

resident,

§ 341. For the purpose of determining the jurisdiction of a Domestic county court, in either of the cases specified in the last section, a tion, etc., domestic corporation or joint-stock association, whose principal place deemed of business is established, by or pursuant to a statute, or by its arti- etc. cles of association, or is actually located within the county, is deemed a resident of the county; and personal service of a summons, made within the county, as prescribed in this act, or personal service of a mandate, whereby a special proceeding is commenced, made within the county, as prescribed in this act for personal service of a summons, is sufficient service thereof upon a domestic corporation, wherever it is located.

New provision; corresponding to § 264, ante.

etc.,

county

§ 342. [Amended, 1877.] If the county judge is, for any cause, Action, incapable to act in an action or special proceeding, pending in the wherein county court, or before him, he must make, and file in the office of judge is the clerk, a certificate of the fact; and thereupon the special county to act. judge, if any, and if not disqualified, must act as county judge in that action or special proceeding. Upon the filing of the certificate,

Incapable

Supreme court may remove

action,

and

change place of trial.

Effect of order of

appeal,

etc.

where there is no special county judge, or the special county judge is disqualified, the action or special proceeding is removed to the supreme court, if it is then pending in the county court; if it is pending before the county judge, it may be continued before any justice of the supreme court within the same judicial district. The supreme court, upon the application of either party, made upon notice, and upon proof that the county judge is incapable to act in an action or special proceeding pending in the county court, may, and if the special county judge is also incapable to act, must, make an order removing it to the supreme court. Thereupon the subsequent proceedings in the supreme court must be the same as if it had originally been brought in that court, except that an objection to the jurisdiction may be taken, which might have been taken in the county court.

Code Pro., § 30, subd. 13, second clause, amended. See Matter of Ryers, 10 Hun, 93.

§ 343. The supreme court may, by an order, made at any time after joinder of an issue of fact, and before the trial thereof, remove to itself an action, brought in a county court, under subdivision second or subdivision third of the last section but two, for the purpose of changing the place of trial thereof. Where an order for removal is made, as prescribed in this section, the place of trial of the action must be changed by the same order to another county; and the subsequent proceedings therein must be the same, as if the action had been originally brought in the supreme court.

A substitute for last clause of subd. 1, § 30, Code Pro. See ante, § 269.

§ 344. An order of removal, made as prescribed in either of the removal; last two sections, takes effect upon the entry thereof in the office of the county clerk. Where the order directs that the action be tried in another county, the clerk with whom it is entered, must forthwith deliver to the clerk of that county, all papers filed therein, and certified copies of all minutes and entries relating thereto; which must be filed, entered, or recorded, as the case requires, in the office of the last mentioned clerk. The provisions of section 271 of this act apply to an appeal taken from such an order.

Stay of proceedIngs.

See ante, §§ 271 and 275, and notes.

§ 345. An order to stay proceedings, for the purpose of affording an opportunity to make the application for removal, may be made by the county judge, or by a judge authorized to make such an order in the supreme court, and with like effect and under like circumstances. See ante, 272, and note.

of action

impair

etc.

§ 346. The removal of an action or special proceeding, as pre- Removal scribed in this title, does not invalidate, or in any manner impair, not to process, provisional remedy, or other proceeding, or a bond, under- process, taking, or recognizance in the action or special proceeding so removed; each of which continues to have the same validity and effect, as if the removal had not been made. Where bail was given, the surrender of the defendant in the supreme court has the same effect, as a surrender in the county court would have had, if the action or special proceeding had remained therein.

See ante, § 276, and note.

court may

process

§ 347. A county court has power, in an action or special proceed- County ing of which it has jurisdiction, to send its process and other man- send its dates into any county of the State, for service or execution, and to to any enforce obedience thereto, with like power and authority as the supreme court.

See ante, § 278, and note.

county.

jurisdic

co-exten

supreme

§ 348. Where a county court has jurisdiction of an action or a when special proceeding, it possesses the same jurisdiction, power and tion, etc., authority in and over the same, and in the course of the proceedings sive with therein, which the supreme court possesses in a like case; and it court. may render any judgment, or grant either party any relief, which the supreme court might render or grant in a like case, and may enforce its mandates in like manner as the supreme court. And the county judge possesses the same power and authority, in the action or special proceeding, which a justice of the supreme court possesses, in a like action or special proceeding, brought in the supreme court. See ante, § 267, and note.

County

special

§ 349. The county judge also possesses the same power and Power of authority, in a special proceeding, which can be lawfully instituted judge in before him, out of court, which a justice of the supreme court pos- proceedsesses in a like special proceeding, instituted before him in like

manner.

See ante, § 268, and note.

ings.

penalties; mitted.

§ 350.. Upon the application of a person, who has been fined by Fines and a court, or of a person whose recognizance has become forfeited, or of how rehis surety, the county court of the county in which the term of the court was held, where the fine was imposed, or the recognizance taken, may, except as otherwise prescribed in the next section, upon good cause shown, and upon such terms as it deems just, make an order, remitting the fine, wholly or partly, or the forfeiture of the

Restric

tions

upon

power to remit.

Notice of! applica

recognizance, or part of the penalty thereof; or it may discharge the recognizance. If a fine so remitted has been paid, the county treasurer, or other officer, in whose hands the money remains, must pay the same, or the part remitted, according to the order.

2 R. S. 508, § 37.

§ 351. The last section does not authorize a county court, to remit any part of a fine, exceeding two hundred and fifty dollars, imposed by a court of oyer and terminer, or a court of sessions, upon a conviction for a criminal offence; or a fine, to any amount, imposed by a court upon an officer or other person, for an actual contempt of court, or for disobedience to its process, or other mandate; or to remit or discharge a recognizance, taken in its county, for the appearance of a person in another county. In the latter case, the power of remitting or discharging the recognizance is vested in the county court of the county, in which the person is bound to appear.

2 R. S. 508, § 38, amended.

§ 352. An application for an order, as prescribed in the last section, etc.; tion but one, cannot be heard, until such notice thereof as the court

costs to

be paid

on re

mission.

Fines imposed by justices of the

peace; how

deems reasonable, has been given to the district-attorney of the county, and until he has had an opportunity to examine the matter, and prepare to resist the application. And upon granting such an order, the court must always impose, as a condition thereof, the payment of the costs and expenses, if any, incurred in an action or special proceeding for the collection of the fine, or the penalty of the recognizance.

2 R. S. 509, §§ 39 and 41, consolidated.

§ 353. Where a person has been fined by a court of special sessions, or by a justice of the peace, upon a conviction for an offence, and has been committed to jail for non-payment of the fine, the remitted. county court of the county may make an order, remitting the fine, wholly or partly, and discharging him from his imprisonment. The power conferred by this section must be exercised in the manner prescribed, and subject to the provisions contained, in the last three sections.

Who may make orders.

2 R. S. 509, § 42.

§ 354. In an action or special proceeding in a county court, an order may be made without notice, or an order to stay proceedings may be made upon notice, by a justice of the supreme court, or by the county judge of the county where the attorney for the applicant

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